SUNSET ADVISORY COMMISSION Report to the 87th Legislature 2020–2021 87TH LEGISLATURE SUNSET ADVISORY COMMISSION Representative John Cyrier Senator Dawn Buckingham, M.D. Chair Vice Chair Representative Terry Canales Senator Bob Hall Representative Craig Goldman Senator Eddie Lucio, Jr. Representative Stan Lambert Senator Angela Paxton Representative Chris Paddie Vacant Julie Harris-Lawrence, Public Member Ralph Duggins, Public Member Jennifer Jones Executive Director Cover photo: The Texas Capitol is a marvel of craftsmanship down to the smallest details. Elaborate, custom-designed hardware accentuates the beautifully carved wooden doors. The Sargent and Co. of New Haven, Connecticut created the glass molds especially for the building in the 1880s. The Capitol hardware features incised designs of geometric and stylized floral motifs. This reflects the shift from the Renaissance Revival style of the building’s interior architecture to the simpler Aesthetic Movement for its decorative details. Photo credit: Janet Wood SUNSET ADVISORY COMMISSION PO Box 13066 Austin Texas 78711-3066 House Members Chair Rep. John Cyrier February 26, 2021 Lockhart Rep. Terry Canales Edinburg The Honorable Greg Abbott Rep. Craig Goldman Governor of Texas Fort Worth Rep. Stan Lambert The Honorable Dan Patrick The Honorable Dade Phelan Abilene Lieutenant Governor of Texas Speaker, Texas House of Representatives Rep. Chris Paddie Marshall Honorable Members of the 87th Legislature Julie Harris-Lawrence Assembled in Regular Session Surfside Beach Ladies and Gentlemen: Senate Members As we begin the 87th Legislative Session, the members of the Sunset Advisory Commission present Vice Chair to you the enclosed results of a review cycle that took place amidst unprecedented challenges Sen. Dawn Buckingham, M.D. Lakeway resulting from the COVID-19 pandemic, and included thousands of hours of staff work and commission hearings, debate, and decisions. As you know, the Texas Sunset Act directs Sen. Bob Hall commission members and staff to evaluate the performance of agencies scheduled for review each Edgewood biennium and recommend abolishing or continuing these agencies, propose statutory or Sen. Eddie Lucio, Jr. Brownsville management changes needed to better serve Texans, and prepare legislation to implement the commission’s proposed statutory changes. Sen. Angela Paxton McKinney The Sunset Commission reviewed 19 entities for the 87th Legislative Session, resulting in 261 Vacant recommendations to streamline state government while enhancing services to our citizens. Ralph Duggins Generally, the recommendations eliminate unnecessary regulations, align agencies’ procedures with Fort Worth best practices, and strengthen accountability and effective delivery of services to the citizens of Texas. Notable recommendations include abolishing the Anatomical Board of the State of Texas and transferring its functions to the Texas Funeral Service Commission, and fully consolidating the Executive Director Texas Holocaust and Genocide Commission within the Texas Historical Commission. The Jennifer Jones commission also recommends establishing a blue ribbon panel to comprehensively review and recommend needed changes to repair the state’s fundamentally broken law enforcement regulatory system. Finally, transferring the Texas Racing Commission to the Comptroller of Public Accounts would better ensure the safety, integrity, and fairness of pari-mutuel racing and wagering in Texas. On behalf of the Sunset Advisory Commission, we are pleased to share with you the commission’s findings and recommendations to streamline and improve state government for the benefit of those we serve — the people of Texas. Respectfully submitted, Representative John Cyrier Senator Dawn Buckingham, M.D. Chair Vice Chair Sunset Advisory Commission Sunset Advisory Commission Telephone: (512) 463-1300 Fax: (512) 463-0705 www.sunset.texas.gov 1501 North Congress 6th Floor, Robert E. Johnson Bldg. Austin, Texas 78701 Equal Opportunity Employer REPORT TO THE 87TH LEGISLATURE 2020–2021 87TH LEGISLATURE TABLE OF CONTENTS Page Introduction .................................................................................................................................. 1 Sunset Commission Recommendations Agriculture, Texas Department of .................................................................................... 5 Boll Weevil Eradication Foundation, Texas Prescribed Burning Board Early Childhood Health and Nutrition Interagency Council Anatomical Board of the State of Texas ........................................................................... 9 Animal Health Commission, Texas .................................................................................. 11 Brazos River Authority .................................................................................................... 15 Credit Union Department ............................................................................................... 17 Fire Protection, Texas Commission on ............................................................................. 19 Holocaust and Genocide Commission, Texas .................................................................. 21 Jail Standards, Texas Commission on ............................................................................... 23 Law Enforcement, Texas Commission on ........................................................................ 27 Licensing and Regulation, Texas Department of .............................................................. 31 Parks and Wildlife Department, Texas ............................................................................. 35 Prepaid Higher Education Tuition Board ........................................................................ 39 Racing Commission, Texas ............................................................................................... 41 San Jacinto River Authority ............................................................................................. 45 Teacher Retirement System of Texas................................................................................ 47 Veterinary Medical Examiners, State Board of ................................................................ 51 Appendixes Appendix A — Sunset Review Schedule — 2023 ........................................................... 53 Appendix B — Summary of the Texas Sunset Act .......................................................... 55 Sunset Advisory Commission February 2021 INTRODUCTION Sunset is the regular assessment of the continuing need for a state agency or program to exist. The Sunset process works by setting an automatic termination (Sunset) date in state law on which an agency will be abolished unless the Legislature passes a bill to continue it, typically for another 12 years. This date determines when an agency is subject to Sunset review and provides the Legislature a unique opportunity and a strong incentive to closely examine an agency’s mission, priorities, and performance and take action to address problems identified. Sunset for the 87th Legislative Session The Sunset Commission successfully reviewed 19 entities this biennium, notwithstanding significant adjustments to its Sunset adopted 261 review processes resulting from the COVID-19 pandemic. Beginning in March 2020, Sunset staff conducted most review recommendations to activities virtually, including agency and stakeholder meetings improve the 19 entities and report production and publication. The commission held reviewed. in-person meetings with a mix of invited in-person and virtual testimony while members of the public and others were able to submit written testimony on the agencies under review. This biennium, the regulation of agriculture and animals featured prominently, with reviews of the Texas Department of Agriculture (TDA), Texas Animal Health Commission, Texas Parks and Wildlife Department (TPWD), and Texas Racing Commission. Law enforcement was another focus area, with reviews of the Texas Commission on Law Enforcement (TCOLE) and Texas Commission on Jail Standards. Other reviews included the Texas Department of Licensing and Regulation (TDLR), the state’s largest umbrella occupational licensing agency, as well as the Credit Union Department and Texas Commission on Fire Protection. Sunset also conducted its first ever review of the Texas Holocaust and Genocide Commission, and the first review of the Anatomical Board of the State of Texas since 1984. The commission also reviewed three entities not subject to abolishment — the Teacher Retirement System of Texas, San Jacinto River Authority, and Brazos River Authority. Though also tasked with reviewing two divisions within the governor’s office — the Office of State- Federal Relations and the Texas Economic Development and Tourism Office — the commission concluded reviews of these entities could potentially detract from the governor’s response to the COVID-19 pandemic and recommends postponing these reviews to the 2022–23 biennium. Results Following extensive analysis, testimony, and deliberations, the Sunset Commission recommends the 87th Legislature pass legislation continuing 12 entities. In addition, the commission recommends the Legislature reconstitute the Texas Racing Commission as a semi-independent board and transfer it Introduction Report to the 87th Legislature 1 February 2021 Sunset Advisory Commission to the Comptroller of Public Accounts, abolish the already disbanded Early Childhood Health